Adultery in Canada: The Legal Reality of Cheating.
Does infidelity affect your settlement? Understanding the limited impact of adultery on Spousal Support, Property Division, and Child Custody in Ontario courts.
Legal Review: This guide clarifies the federal Divorce Act definition of adultery and its specific evidentiary requirements, reviewed by Deepa Tailor, Senior Family Lawyer.
Will I Get More Money Because They Cheated?
Short Answer: No.
Ontario is a 'No-Fault' jurisdiction for property and support. This means the courts do not punish a spouse financially for marital misconduct. You are entitled to the same Equalization of Net Family Property and Spousal Support regardless of whether the marriage ended due to adultery or simply 'growing apart.' The court views marriage as an economic partnership, not a moral one.
Where Adultery Actually Matters
It changes the timeline, not the bank account.
The Timeline (Speed)
Adultery is one of the only ways to bypass the 1-year separation wait. If proven (or admitted), you can file for divorce immediately.
Property Division
Who gets the house or the pension is calculated by math, not morals. Conduct is strictly excluded from property laws.
Child Custody
A cheating spouse is not automatically a "bad parent." Unless the new partner poses a safety risk, the affair does not reduce parenting time.
Spousal Support
Support is based on "Means and Needs." A high-earning cheater pays the same amount as a high-earning loyal spouse.
Proving the Affair: Is It Worth It?
You have two choices to get an immediate divorce.
The Affidavit (Easy Way)
If your spouse feels guilty and wants to move on, they can sign an Affidavit admitting to the adultery. This is cheap, fast, and allows the judge to grant the divorce instantly.
The Trial (Hard Way)
If your spouse denies it, you must prove it in court. This requires evidence (texts, photos, private investigators). This costs thousands of dollars and takes months—often longer than just waiting for the 1-year separation mark.
When Cheating DOES Cost Money
Dissipation of Assets
If your spouse used family money to fund the affair (expensive gifts, trips, hotels), we can argue for "Dissipation." We ask the court to add that money back into their side of the ledger, increasing your share.
Sue the "Other Person"?
You cannot sue the affair partner for "breaking up the marriage." Canada abolished the tort of "Alienation of Affection" decades ago. Naming them in the divorce usually just complicates the process.
Emotional Affairs
Under the Divorce Act, adultery requires sexual intercourse. Sexting, emotional closeness, or kissing do not legally count as grounds for immediate divorce.
Condonation
If you find out about the affair, forgive them, and live together for more than 90 days trying to reconcile, you may lose the right to use that specific act of adultery as grounds for divorce.
Important: These exceptions are narrow and fact-specific. Most adultery cases do not result in financial penalties. Consult with a family lawyer to understand how these rules apply to your situation.
Adultery Law FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor helps clients navigate the emotional turmoil of infidelity with a focus on financial protection and efficient resolution.
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